ACCEPTED
03-15-00008-CV
6283400
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/29/2015 7:03:55 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00008-CV
FILED IN
PAUL D. SIMMONS, ) IN THE COURT OF APPEALS
3rd COURT FOR
OF APPEALS
Appellant ) AUSTIN, TEXAS
) 7/29/2015 7:03:55 PM
v. ) THE THIRD JEFFREY D. KYLE
DISTRICT
Clerk
)
TERESA A. SIMMONS, )
Appellee ) OF TEXAS
MOTION FOR LEAVE TO WITHDRAW
AND SUBSTITUTION OF COUNSEL
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW KIRK HAWKINS, Attorney for Appellee, and files this Motion
For Leave to Withdraw and Substitution of Counsel, and as grounds therefore would
show the Court the following:
I Parties
Appellant is Paul D. Simmons. Appellee is Teresa A. Simmons.
II Nature of Motion
The nature and purpose of this motion is to replace trial counsel for Appellee
with appellate counsel for Appellee.
III Motion for Leave and for Substitution
Appellee, who resides at 18155 Nicks Drive, Spring Hill, Florida 34610,
telephone number 405-812-3567, no longer desires the services of KIRK HAWKINS,
trial counsel, and respectfully requests that the Court grant leave to allow this attorney
to withdraw and to substitute as appellate counsel GARRETT C. HIGLEY, Law Office
of Garrett C. Higley, PLLC, 508 W. 12th Street, Austin, Texas 78701, (512) 514-1940,
Fax No. (512) 391-0028, State Bar Number 24046074, email
garrett@higleyfamilylaw.com, and ROBERT B. LUTHER, Law Offices ofRobert B.
Luther, P.C., 1800 Rio Grande, Austin, Texas 78701, (512) 477-2323, Fax No. (512)
4 78-1824, State Bar Number 12704000, email rbluther@luthlaw.com, as attorneys of
record in this cause for Appellee.
IV. Service Upon Party
Appellee has received a copy of this Motion to Withdraw and Substitution of
Counsel by delivering same to Appellee by certified mail and first -class mail, postage
prepaid, to the address stated in paragraph Ill above.
WHEREFORE, PREMISES CONSIDERED, the undersigned attorney prays
this Honorable Court release him as attorney of record for Appellee, and that the
Court place GARRETT C. HIGLEY and ROBERT B. LUTHER as attorneys of record
for Appellee.
KI HAWKINS
P.O. BOX 3645
SAN ANGELO, TEXAS 76
325-65 8-5 5 85
STATE BAR NO. 09250400
E-Mail: kirkhawkinslaw@gmail.com
CERTIFICATE OF CONFERENCE
I hereby certify that on the 28th day of July, 2015, Mr. Hawkins communicated
by email with a representative for Melvin Gray, Attorney for Appellant, who stated
that Mr. Gray had no objection to this Motion for Leave to Withdraw and Substitution
of Counsel, and I also communicated with the office of Attorney for Appellant, who
stated that there was no objection to the motion or a subsequent request for extension,
if necessary.
I hereby certify that a true and correct copy of the above and foregoing has been
delivered this 2~ 1~ day of July, 2015, to the following, by first class mail and by
certified mail, return receipt requested, and to Appellee:
· Mr. Melvin Gray
Attorney at Law
206 West College
San Angelo, Texas 76903